论禁止夜间搜索原则

On the Principle of the Prohibition of Night- time Search

我国立法从实体的角度对公民住宅不受侵犯的权利给予了足够的重视与关注,但在诉讼法方面,该项权利则没有予以任何制度上的保障,没有关注搜索住宅的相关时间限定,其结果只能是对公民隐私权与住宅权的严重侵犯。应当借鉴禁止夜间搜索原则在域外的适用情况而建构我国的相关制度。

Substantive laws in China＇s legislation pay much more attention to the protection of the residential rights from being infringed upon. However, the procedural law doesn＇t guarantee the rights as mentioned above, and there is no limitation on the time as for the search for residence. In order to obtain the unexpected effect, the investigation authorities often carry out the search of residence at night.The search at random without any control will necessity infringe upon the rights of privacy and residential rights of citizensa seriously. This thesis expounds on the application of the principle of prohibition of night-time search in extra-territory, in hope to draw some enlightments to be beneficial to the construction of related system in China.